Do I Get a Rental or Loaner Car During Warranty Repairs?
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Whether you get a free loaner or rental during warranty repairs usually depends on your manufacturer’s warranty terms and the dealer’s own policy, not on a blanket rule. Many dealers offer loaners, and some warranties include rental or trip-interruption benefits. If your car turns out to be a lemon, though, California law lets you recover reasonable rental car costs you actually paid as incidental damages. So ask for a loaner every time, and if you have to pay for a rental, keep every receipt.
Where loaner and rental rights come from
There are three common sources of transportation help while your car is in the shop:
- The manufacturer’s warranty booklet. Some new-vehicle warranties, roadside assistance programs or powertrain warranties include rental reimbursement or trip-interruption benefits in specific situations, such as a covered breakdown far from home or a repair that keeps the car overnight. The terms, daily limits and conditions vary by brand and model year. Read the section on roadside assistance and alternate transportation.
- The dealer’s courtesy program. Many dealers keep a loaner fleet or partner with a rental agency. This is usually a customer-service policy. Availability can be limited, and some dealers offer loaners only for repairs expected to take a certain amount of time.
- The manufacturer’s customer assistance line. When a repair drags on or parts are on backorder, the manufacturer’s customer care department will sometimes approve a rental. Ask, and write down the case number.
If you bought an extended service contract, check it too. Many include rental benefits with daily limits.
Rental costs in a lemon law case
If the manufacturer cannot fix your car after a reasonable number of attempts, the Song-Beverly Consumer Warranty Act requires it to replace the vehicle or make restitution. Both remedies include “incidental damages,” which the statute says include reasonable repair, towing and rental car costs actually incurred by the buyer (Civil Code section 1793.2(d)(2)(A) and (B)). Civil Code section 1794(b) also brings in the Commercial Code rules on incidental damages.
Three words matter here: reasonable, actually and incurred. You need to have paid the cost, it needs to be connected to the defect, and it should be in line with what a comparable rental would cost. A luxury upgrade for a compact car, or a rental for days when the car was not in the shop, may be challenged.
Lack of transportation also matters for whether your car is a lemon in the first place. The California civil jury instruction on “substantially impaired” lists the availability and cost of comparable transportation during repairs as one of the factors a jury may consider when deciding whether a defect substantially impairs the use, value or safety of the vehicle. Read more about what a nonconformity is.
Days out of service still count
Having a loaner does not reduce the days your own car is out of service. That count is about your car being unavailable, not about whether you had something else to drive. See our page on the 30-day rule and our article on what to do when the dealer is holding your car.
Separately, Civil Code section 1793.2(b) says that unless you agree otherwise in writing, warranty repairs must be completed within 30 days, extended only for delays beyond the manufacturer’s control.
How to ask for a loaner
When you make the service appointment, say:
- “This is a warranty repair. Can you reserve a loaner or rental for me?”
- “Does my warranty or roadside assistance include rental coverage for this visit?”
- “If no loaner is available, will the manufacturer authorize a rental?”
If the answer is no, ask the service advisor to note on the repair order that you requested alternate transportation and it was not provided. Then call the manufacturer’s customer assistance line and ask again. Write down the date, the name of the person you spoke with and any case number.
If you pay for a rental yourself
- Keep the rental agreement and final receipt. They show the dates, the vehicle class and the cost.
- Match the dates to the repair order. The rental should line up with the date your car went in and the date you got it back.
- Choose a comparable vehicle. Renting something similar to your own car is easier to justify.
- Keep other transportation receipts. If you used rideshare, a train or a bus because your car was in the shop, save those receipts too. Whether a particular cost is recoverable depends on the facts, so let your lawyer decide.
- Save towing bills. Towing costs are listed in the statute as incidental damages, and a tow often signals a serious defect.
Common questions at the service desk
The dealer gave me a loaner but charged for fuel or mileage. Is that allowed?
Courtesy loaners usually come with an agreement. Read it. Fuel and excess-mileage charges are common terms. If you pay them, keep the receipt.
Do I have to carry insurance on the loaner?
Most loaner and rental agreements require you to carry insurance. Call your auto insurer to confirm your policy covers a loaner or rental before you drive away.
Can I refuse to pick up my car until it is fixed?
If the dealer says the repair is done, leaving the car there can create storage disputes. Talk to a lawyer before refusing to pick up a car the dealer says is ready.
What a lemon law case can recover
A qualifying case can recover the price paid or payable, collateral charges such as sales tax and registration fees, and incidental damages such as rental and towing, minus a mileage offset (Civil Code section 1793.2(d)(2)(B) and (C)). A prevailing buyer can also recover attorney fees and costs (Civil Code section 1794(d)). Estimate your numbers with our California lemon law calculator and check open recalls with our VIN recall check.
If your car is in and out of the shop, our checklist for a new car that keeps breaking down walks through each step.
Local help
We are located in Westwood and represent owners throughout the state. If you are in Southern California, a Los Angeles lemon law attorney on our team can review your repair orders and receipts.
Talk to a California lemon law attorney
If your vehicle is still under warranty and the problem keeps coming back, call 877-536-6620 for a free case review with a California lemon law attorney. You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs. We handle cases in English and Spanish.
Frequently Asked Questions
Is the dealer required to give me a loaner during warranty repairs?
It usually depends on your warranty terms and the dealer's policy. Check your warranty booklet, ask the dealer, and ask the manufacturer's customer assistance line if the dealer says no.
Can I get reimbursed for a rental car in a lemon law case?
Yes, if your car qualifies. California's lemon law lists reasonable rental car costs actually incurred by the buyer as incidental damages the manufacturer must pay.
Do days in the shop count if I had a loaner?
Yes. The 30-day measure is about how long your car was out of service for repairs, not whether you had something else to drive.
What receipts should I keep?
Keep the rental agreement, final receipt, towing bills and any other transportation receipts, and make sure the dates match your repair orders.
Does it cost anything to have a lawyer review my rental costs?
No. You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs.
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